Dunlap v. Reed et al (INMATE1)

Filing 19

ORDER ADOPTING 18 Report and Recommendations, Motion for Summary Judgment filed by Commander Reed, Houston County Jail be granted to the extent the defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust an ad ministrative remedy previously available to her at the Houston Co. Jail; and this case be dismissed with prejudice in accordance with the provisions of 42 USC 1997e(a) for the plaintiff's failure to exhaust an administrative remedy available to her during her confinement in the HCJ. Signed by Honorable Truman M. Hobbs on 6/1/09. (Attachments: # 1 appeals checklist)(vma, )

THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION K A R O N DUNLAP, #184495, Plaintiff, v. ) ) ) ) ) ) ) ) ) )

1 2 :0 9 -C V -1 0 5 -T M H [W O ]

C O M M A N D E R REED, et al., Defendants.

ORDER
O n May 5, 2009, the Magistrate Judge filed a Recommendation (Doc. 18) in this case to which no timely objections have been filed. Upon an independent review of the file in this c a se and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. 18) of the Magistrate Judge is ADOPTED; T h e Defendants' motion for summary judgment be GRANTED to the extent th e defendants seek dismissal of this case due to the plaintiff's failure to p ro p e rly exhaust an administrative remedy previously available to her at the H o u s to n County Jail; and, 3. T h is case be DISMISSED with prejudice in accordance with the provisions of 4 2 U.S.C. § 1997e(a) for the plaintiff's failure to exhaust an administrative re m e d y available to her during her confinement in the Houston County Jail.

A n appropriate judgment will be entered. D o n e this 1st day of June, 2009.

/s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE

2